Tex.App.: September 2019

Saturday, September 14, 2019

Outlier Non-news: SCOTX denies petition filed more than a decade ago, in 2008

WHEN THE WHEELS OF JUSTICES MOVE SLOWLY
Robert S. Bennett v. Stephen T. Leas. Tex 08-0642

DECIDED IN DUE COURSE: PETITION IN DISPUTE BETWEEN TWO TEXAS ATTORNEYS
FILED IN 2008

Robert S Bennett vs. Stephen T. Leas

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TEXAS SUPREME COURT CASES & COMMENT

Texas Supreme Court Follows Federal Lodestar on Fee Shifting. Comment on Rohrmoos Venture v. UTSW DVA Healthcare, LLP, No. 16-0006 (Tex. Apr. 26, 2019).

What SOL governs Civil Conspiracy Claim? SCOTX gives answer in Agar Corp. Inc. v. Electro Circuits International, LLC, No. 17-0630 (Tex. 2019).

Arbitration: Must client arbitrate fee dispute under attorney-client contingent-fee agreement that does not comply with Texas Gov’t Code §82.065? Preview of Cavanaugh v. Law Office of Thomas J. Henry in the Texas Supreme Court.

Attorney Immunity Plus: Unethical Texas attorneys may now collect attorney's fees from the victims of their misdeeds when sued.

Critique of Supreme Court attorney immunity decisions in Youngkin v Hines (Tex 2018) and Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015).

Comment on Dallas Morning News v. Tatum defamation case over Newspaper Column Disclosing Suicide (May 11, 2018 SCOTX Decision)

On May 1, 2018 the Texas Supreme Court issued the latest edition of the Texas Rules of Appellate Procedure (TRAP). The posted copy (in PDF) could have been made more web-surfer friendly.

Novice SCOTX Member Blacklock Delivers Shame of a Sham Affidavit Opinion. Lujan v Navistar, Inc. (Tex. April 27, 2018)

Texas Supreme Court adopts federal SHAM AFFIDAVIT DOCTRINE

and opens a can of worms regarding future application of the rule by the trial courts under the existing summary judgment procedure, which does not allow for credibility determinations

or evidentiary hearings. Houston Court of Appeals Judge Sharon McCally had written a vigorous dissent, opposing recognition of the sham affidavit by her court, and had argued that it did not even cover the unusual fact scenario in the case under review if it were adopted. See McCally Dissent on Sham Affidavit Doctrine.

Finding Matters of Public Concern, Texas Supreme Court sends TCPA case back to Dallas COA: Adams v. Starside Custom Builders LLC, No 16-0786 (Tex April 20, 2018) (TCPA, Texas-Supreme-Court-Cases. TEXAS CAUSES OF ACTION BLAWG 4/20/18.

Texas Supreme Court lets oil field services company off the hook in chemical spill case; denies benefits of discovery rule to worker harmed by toxic liquids at drilling site. Schlumberger Technology Corp. v. Pasko (Tex. April 13, 2018) (accrual-of-claim, SoL, Texas-Supreme-Court-Precedents, tolling-of-limitations) TEXAS COA BLAWG 4/19/18.

Another Whistleblower Claim Nixed by Texas Supreme Court: Neighborhood Centers Inc. v Doreatha Walker (Tex. April 13, 2018) (governmental-immunity, local-governments, sovereign-immunity, waiver-of-immunity, Texas-Whistleblower-Act, whistle-blowing-claims) TEXAS CAUSES OF ACTION BLOG 4/18/18.

We Are Supreme: Writing separately in Neighborhood Centers Inc. v. Walker, No. 16-0897 (Tex. April 13, 2018), Justice Phil Johnson questions Texas Legislature’s role in defining the contours of sovereign immunity, favors judicial supremacy.

Hill v Shamoun & Norman LLP - The Supreme's Gift to Texas Attorneys: Texas Lawyers may sue former clients using the common-law theory of quantum meruit even if contingent fee contract is barred by statute of frauds (attorney-fees-in-contract-cases, Commentary-on-caselaw-decisions, defense-to-quantum-meruit-claim, exceptions-to-statute-of-frauds, Texas-Supreme-Court-Precedents). COA.TX BLOG 4/13/2018.

Texas High Court says NO to attorney's fees for successful claim under Texas Construction Trust Fund Act (TCTFA) - Dudley Construction, Ltd. v. Act Pipe and Supply, Inc. (Tex. April 6, 2018) (American-Rule on attorney's fees, Construction-Fund-Act, construction-related-litigation, legal-basis-for-award-of-attorneys-fees, TCTFA). COA TEXAS BLOG 4/6/2018.

Tex.App.

Saturday, September 14, 2019

Outlier Non-news: SCOTX denies petition filed more than a decade ago, in 2008

Pages with Info on Texas Courts of Appeals

Roster of Texas Appellate Justices by COA and Place Designation (April 2019)

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